HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.34825 of 2014 Date:20.11.2014 Between:
Cherukuri Srinivas Rao, S/o C.Rosaiah . Petitioner And:
The State of A.P., reptd by its Principal Secretary, Civil Supplies Department, Hyderabad and four others.
. Respondents Counsel for the Petitioner: Sri T.Niranjan Counsel for the Respondents: AGP for Civil Supplies (Andhra Pradesh) The Court made the following:
HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.34825 of 2014 %20.11.2014 Between:
# Cherukuri Srinivas Rao, S/o C.Rosaiah . Petitioner And:
$ The State of A.P., reptd by its Principal Secretary, Civil Supplies Department, Hyderabad and four others.
. Respondents < Gist:
> Head Note:
! Counsel for the Petitioner: Sri T.Niranjan ^ Counsel for the Respondents: AGP for Civil Supplies (Andhra Pradesh) ? Cases Referred:
NIL
ORDER:
The petitioner, who is the permanent fair price shop dealer of Shop No.6 of Kallampalli Village and Post, Marripudi Mandal, Prakasam District, filed this Writ Petition with the grievance that respondent Nos.2 to 4 have not been permitting him to function as fair price shop dealer by allowing his purported resignation to be withdrawn.
In his affidavit, the petitioner has stated that he is 37 years of age and having been appointed as fair price shop dealer, he is functioning as such without any complaint. He has alleged that in the end of July, 2014, respondent No.5 has visited his fair price shop and forced him to proceed on leave from July, 2014 on health grounds by obtaining his signature on a letter. It is further alleged that respondent No.5 has assured the petitioner that as there is a change in Government, the influential persons will be accommodated for a period of 3 to 4 months as dealers and that thereafter, the petitioner can resume his functions as fair price shop dealer. As the petitioner’s fair price shop dealership has not been restored, he made representations, dated 21.10.2014, to the District Collector, Prakasam District and respondent No.2, with a request to restore his fair price shop authorization. As the petitioner has not received any response from either of these two functionaries, he filed this Writ Petition.
On 18.11.2014, this Court has adjourned the case to enable the learned Assistant Government Pleader for Civil Supplies (Andhra Pradesh) to produce the record. The record is, accordingly, placed before the Court at the hearing.
I have carefully perused the record. The record contains a purported letter addressed in the name of the petitioner to respondent No.2, wherein it is stated that he is functioning as fair price shop dealer for the last 10 years without any complaint; that as his health condition is not good, he is unable to run the fair price shop; and that therefore, the fair price shop may be allotted to any one else. An endorsement was made by respondent No.4 on the said letter on 16.07.2014 to the effect that the same shall be sent to respondent No.3. Subsequently, respondent No.4 has addressed letter, vide his proceedings in Rc/B/288/2014, dated 21.07.2014, to respondent No.3, wherein he has informed the latter that one Smt Rupineni Sravani, W/o Koppolu Venkateswarlu, has approached him by stating that the fair price shop of Kallampalli Village has become vacant with the resignation of the petitioner; that she has passed Xth Class; that she belongs to Kamma Community; that she is a member of Chennakesava Mahila Group; and that therefore, she may be considered for appointment as fair price shop dealer of Kallampalli Village. Respondent No.4 has, accordingly, informed respondent No.3 that as no other person has shown interest in the fair price shop dealership of the said Village, the said Rupineni Sravani may be appointed as temporary fair price shop dealer. On receipt of this letter, respondent No.3 has issued proceedings in D.Dis.F/2732/2014, dated 23.07.2014, appointing the said Rupineni Sravani as temporary fair price shop dealer of Kallampalli Village from 23.07.2014 to 23.09.2014. The record does not show that respondent No.3 has passed any further order extending the appointment of the said Rupineni Sravani as a temporary fair price shop dealer beyond 23.09.2014.
The undisputed fact of the case would remain that the petitioner is a permanent fair price shop dealer. The petitioner has specifically pleaded that respondent No.5 has forcibly made him to address a letter to respondent No.3 expressing his unwillingness to continue as fair price shop dealer purportedly on the ground of his ill health and that in reality, he did not have any intention to discontinue as fair price shop dealer.
As this aspect needs to be enquired into separately, I am not inclined to delve into the same for the present purpose. The fact, however, remains that no order has been passed by respondent No.3, on the letter addressed by the petitioner, to the effect that his request to discontinue him as fair price shop dealer has been accepted. As the petitioner is a permanent fair price shop dealer, respondent No.3, who is the competent authority, is bound to consider the former’s request and issue a proceeding accepting such request. Unless an order in express terms accepting such request is passed, the fair price shop authorization of the petitioner will not get terminated and no vacancy arises.
Surprisingly, without issuing any such proceedings, respondent No.3 has proceeded on the premise that the said fair price shop has fallen vacant, as informed by respondent No.4 in his letter, dated 22.07.2014. Indeed, respondent No.4 in his letter, dated 21.07.2014 has only informed respondent No.3 about the purported letter of the petitioner and recommended Smt Rupineni Sravani for appointment as temporary dealer. The record does not show that either the petitioner’s purported letter was forwarded by respondent No.4 or any proceeding was issued in this regard by respondent No.3. Therefore, the very premise on which respondent No.3 has proceeded, namely, that the fair price shop of Kallampalli Village has fallen vacant, is factually incorrect and the same is misconceived. The appointment of a temporary fair price shop dealer on such a fundamentally erroneous assumption itself was not sustainable. However, as noted earlier, the period for which Smt Rupineni Sravani was appointed has expired on 23.09.2014 and as no subsequent extension has been made, even the said temporary dealer has no right to continue beyond 23.09.2014. The petitioner is stated to have addressed letter to the District Collector, Prakasam District with a copy marked to respondent No.2, wherein he has informed that because of strong political reasons, he was forced to be discontinued as fair price shop dealer and that unfortunately, no action has been taken either by the District Collector or respondent No.2. As the petitioner’s purported letter of resignation was not accepted by respondent No.3, he is deemed to be continuing as fair price shop dealer. Now that, the petitioner is not pressing his purported letter of resignation, there can be no impediment for his continuance as permanent fair price shop dealer.
As regards the allegation made by the petitioner that respondent No.5 has forced him to address a letter of resignation, this Court has come across several similar complaints against respondent No.5. The District Collector, Prakasam District is, therefore, directed to hold a thorough and impartial enquiry into the conduct of respondent No.5, wherein he shall give a notice to the petitioner and personally record his statement. If he finds any truth in the allegations of the petitioner, he shall initiate appropriate disciplinary proceedings against respondent No.5. He shall complete this exercise within two months from the date of receipt of a copy of this order.
Subject to the above observations and directions, the Writ Petition is allowed by declaring that the petitioner is entitled to be continued as permanent fair price shop dealer of Kallampalli Village. Respondent Nos.3 and 4 are directed to allow the petitioner to function as fair price shop dealer in accordance with the authorization issued to him.
As a sequel, W.P.M.P.No.43558 of 2014 is disposed of as infructuous.
20th November 2014 Note:
LR copies to be marked. B/o DR JUSTICE C.V.NAGARJUNA REDDY